1998 PLP 1578 (SCMR)
ABDUL SALEEM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1998 PLP 1578 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan, Munawar Ahmad Mirza and Khalil‑ur‑Rehman Khan, JJ |
| Parties | ABDUL SALEEM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 1578 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1578 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan, Munawar Ahmad Mirza and Khalil‑ur‑Rehman Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1578 (SCMR) (ABDUL SALEEM‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Ishaque, Advocate Supreme Court for Petitioner. Hassan Inamullah, Advocate Supreme Court for the State.
- Date of hearing: 29th October, 1997.
Headnotes / Summary
(On appeal from the order of High Court of Sindh Karachi, dated 26‑6‑1997 passed in Criminal Bail Application No. 860 of 1997). ‑‑‑‑S. 497‑‑‑Penal Code (XLV of 1860), S.302/34‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Bail‑‑‑Contentions were that the accused was neither named in the F.I.R nor any recovery had been effected from him and there being no eye‑witness of the incident, he had been falsely involved merely on the ground of having been last seen with the deceased allegedly taking him away‑‑‑Matter, in the circumstances, required further inquiry‑‑‑Petition for leave to appeal was converted into appeal and the accused was admitted to bail accordingly.
Judgment & Decree
IRSHAD HASAN KHAN, J.
This Criminal Petition arises from the order of learned Judge of the High Court of Sindh,- Karachi, dated 26-6-1997 passed in Criminal Bail Application No.860 of 1997, whereby learned Judge refused to grant bail to the petitioner in a case registered against Aslam and Javed vide F.I.R. No.39 of 1997 under section 302/34, P.P.C. Police Station Pak Colony, Karachi, West, for committing murder of one unknown person.
2. Learned counsel for the petitioner argued that the petitioner was nor named in the F.I.R.; no recovery had been effected from him; there was no eye-witness of the incident; and that the petitioner had been falsely involved merely on the ground that the deceased was last seen being allegedly taken away by the accused. He further submits that the petitioner is in jail since 21-2-1997 and that prima facie there is no evidence on record to connect the accused with the alleged offence.
3. After hearing the learned counsel for the petitioner as well as the State, we find that, in the circumstances of the case, the matter requires further inquiry.
4. We, therefore, convert this petition into an appeal and admit the petitioner to bail in the sum of Rs.1,00,000 with one surety in the like amount to the satisfaction of Trial Court. The appeal is allowed accordingly. N.H.Q./A.-76/S Bail allowed.